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HomeMy WebLinkAboutResolution - 2020-R0248 - Community Development Block Grant CARES Act, Contract 15383Resolution No. 2020-RO24 8 Item No. 7.14 July 28, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Community Development Block Grant Funding Agreement 15383, and all related documents, between the City of Lubbock and the U.S. Department of Housing and Urban Development (HUD), for the Community Development Block Grant CARES Act. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on July 28, 2020 DANIEE M. POPE, ATTEST: Rebecc Garza, City Secre ry APPROVED AS TO CONTENT: �— ` V ` l ----- Karen Murfee, Community Develo ment Director APPROVED AS TO FORM: %-, 'I im�� , elli Leisure, Assistant City Attorney ccdocs/RES. CBDG Contract 15383 — CARES Act 07,0720 Funding Approval/Agreement U.S. Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Community Development Black Grant Program OMB Approval No. 2506-0193 Development Act (Public Law 930383) exp 5/3112018 HI.00515R of 20515R 1. Name of Grantee (as shown In gem 5 of Standard Form 424) 3a. Grantee's 941git Tax ID Number 3b. Grantee's 9Cigil DUNS Number Lubbock 756000590 058213893 2. Grantee's Complete Address (as shown in gem 5 of Standard Form 424) 4. Dale use of funds may begin Po Box 20D0 ow SQ020 Lubbock, TX 79457-0001 5a. PmjmVGmnt No.1 6a. Amount Approved B-20-MW-48-0022 $1.242,859 Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (nUU) ono the above amen Grantee is mace pursuant to the authority of Tide I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title 1 assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended tram time to time), and this Funding Approval, including any special conditions, constitute pan ofthe Agreement. Subject to the provisions of this Grant Agreement. HUD will make the funding aaistance specified here available to the Grantee upon execution of the Agreement by the panics. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they ore authorized in HUD regulations crappreved by waiver and listed in the special conditions to the Funding Approval, The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title 1 and published in 24 CFR Pan 58. The Grantce further acknowledges its responsibility for adherence to the Agreement by sub. nddee m which it maker amdino easlsra.c , hereunder evailehle. U.S. Department of Housing and Urban Development (By Name) Grantee Name (Contractual Organization) Shirley Henley Lubbock (City Of Lubbock) Titre We CPDyirector SlgnaN Date (mMddlyyyy) Signature te(mWddlyyyy) 06115n020 X 07/28/2020 7. Category of Tide I Assistance for this Funding Action: 8. Special Conditions (check one) ga. Date HUD Received Sit hmiits lon 0022020 10. check one to a.Odg. Funding Entitiemen6 Sec 106(b) ❑ None ® Attached Approval ❑ b, Amendment Amendment Number 9b. Date Grantee Notified 06/152020 9c. Dale of Start of Program Year (1010112020) 11, Amount of Community Development Black Grant I FY (2020) a. Funds Reserved for this Grantee 1 $I :42.859 b. Funds now being Approved c. Reservation to be Cancelled (item with) 12a Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A City Of Lubbock Po Box 2000 Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Lubbock, TX 79457-0001 Department of Housing and Urban Development on the above dote with respect to the above grant number(s) as Grantee des ignored to receive loan 12c. Name of Aumonzed Official for Designated Public Agency Roommate assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD TUB now or hereafter in effect, pertaining to the assistance provided it. Signature X HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area DocumanlNo. Project Number Category Amount (mmlddlyryyy) F ® I7(, ®00RmM TM 0 0 Additional CDBG-CV Requirements In addition to the terms and conditions in the Funding Approval/Agreement, the following requirements apply to Grantees receiving CDBG-CV funds in accordance with the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Pub. L. 116-136). 1) The Grantee agrees to comply with the requirements in the CARES Act that apply to CDBG-CV grants and must use the CDBG-CV grant funds to prevent, prepare for and respond to coronavirus. 2) The grantee agrees to comply with the requirements of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.) and implementing regulations at 24 CFR part 570, as now in effect and as may be amended from time to time, and as modified by the rules, waivers and alternative requirements published by HUD from time to time. Rules, waivers and alternative requirements of Federal Register notices applicable to CDBG-CV grants are hereby incorporated into and made a part of the grant agreement. 3) The Grantee may use CDBG-CV funds as reimbursement for previously incurred costs, provided that those costs are allowable and consistent with the CARES Act's purpose to prevent, prepare for and respond to coronavirus. 4) The grantee agrees to establish and maintain adequate procedures to prevent any duplication of benefits as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 132 Stat. 3442). 5) The period of performance for the funding assistance specified in the Funding Approval/Agreement ("Funding Assistance") shall be six years. It shall begin on the date specified in item 4 in the Funding Approval/Agreement and shall end six years later, on the month and day specified in item 4. The Grantee shall not incur any obligations to be paid with the Funding Assistance after this period of performance. 6) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Funding Approval/Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Funding Approval/Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. 7) In addition to the conditions contained in the Funding Approval/Agreement (form HUD 7082), the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. 8) The grantee shall ensure that no CDBG-CV funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy -related, communication -related, water- related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. 9) The Grantee or unit of general local government that directly or indirectly receives CDBG-CV funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. 10) E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. 11) CDBG-CV funds may not be provided to a for -profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source —This condition is included as requirement on the use of fiscal year 2020 CDBG funds by the Community Development Fund heading, Department of Housing and Urban Development Appropriations Act, 2020, Public Law 116-94, and is made applicable to this grant by the CARES Act).